Managing DUI Defense With Professional Licenses
Feb. 12, 2025
A DUI charge can mean serious trouble for anyone, but for professionals with occupational licenses, the stakes are even higher. Doctors, nurses, lawyers, teachers, and other licensed professionals could face disciplinary action, license suspension, or even revocation.
At Staton & Fisher, LLP, we provide top-notch service and clear communication to our clients. If you’re in Ohio - Dayton, Huber Heights, Montgomery, Miami, or Clark County, our team will stand by you and fight for your rights. If you hold a professional license and face DUI charges, call today to see how we can make a difference for you.
How a DUI Can Affect Professional Licenses
Regulatory boards hold professionals to a high standard. A DUI conviction—or even an arrest—can trigger disciplinary proceedings. Each board has its own rules, but most require license holders to report criminal charges or convictions. Some boards impose automatic penalties, while others review cases individually.
For example:
Ohio Medical Board: Physicians and other medical professionals must report any criminal conviction, including DUIs, which could lead to disciplinary action.
Ohio Board of Nursing: A DUI conviction may result in sanctions ranging from mandatory treatment programs to suspension or revocation.
Ohio Supreme Court (for attorneys): Lawyers must disclose criminal charges and a DUI conviction could lead to disciplinary action, especially if it involves aggravating factors like repeat offenses or injuries.
Ohio Department of Education: Teachers and school staff could face license suspension or termination, depending on the circumstances of the DUI.
Other licensing boards: Engineers, accountants, real estate agents, and other professionals also face potential discipline, which could limit their ability to work.
Understanding the licensing board's rules is key to defending clients effectively. We have to know what they require and what options exist to protect your career.
Building a Strong DUI Defense
DUI cases involve two battles: the criminal case and the professional consequences. Defending these cases requires a tailored approach. Here’s how our DUI lawyers handle defense for clients with professional licenses.
Challenging the Traffic Stop and Arrest
A DUI case often starts with a traffic stop. If the officer lacked reasonable suspicion to pull the client over, we might argue for case dismissal. Similarly, if field sobriety tests were conducted improperly or breathalyzer results were unreliable, we can challenge the evidence. Any procedural error could weaken the prosecution’s case.
Negotiating Lesser Charges or Diversion Programs
When a client’s professional license is on the line, we explore every possible way to reduce the impact of a DUI charge. First-time offenders may qualify for diversion programs that keep a conviction off their record. In other cases, negotiating a reduced charge—such as reckless operation—can limit professional consequences.
Handling License Reporting Requirements
Each licensing board has different rules on self-reporting DUIs. Some require immediate disclosure, while others ask for notification only after a conviction. Failing to report when required can lead to separate disciplinary action. Our DUI lawyers guide clients on when and how to report the charge and help them prepare statements that present their case positively.
Representing Clients in Disciplinary Hearings
A criminal court outcome doesn’t end a DUI case for licensed professionals. Many clients must also face their licensing board. We represent them in these proceedings, arguing for leniency and presenting evidence of rehabilitation. This might include completion of alcohol education programs, character references, and proof that the DUI was an isolated incident.
Minimizing the Impact on Employment
Even if a client keeps their license, a DUI conviction can create problems at work. Some employers have policies that mandate termination for criminal convictions. Others may suspend employees while the case is pending. We help clients understand their rights, communicate with their employers, and strive to protect their professional reputations.
Special Considerations for Different Professions
While all professionals face risks after a DUI, some industries have stricter rules. Here’s a closer look at how DUI cases affect different careers.
Healthcare Professionals
Doctors, nurses, and other healthcare workers are often required to report DUIs to the Ohio Medical Board or the Ohio Board of Nursing. These boards may impose penalties such as fines, required treatment, or supervised practice. In some cases, a DUI could bar a healthcare worker’s from prescribing medication or work in certain environments.
Legal Professionals
Attorneys must report DUI convictions to the Ohio Supreme Court’s disciplinary board. Depending on the circumstances, a DUI could lead to sanctions, suspension, or even disbarment, especially if it involves aggravating factors like repeat offenses or injuries.
Educators
Teachers and school employees must follow the Ohio Department of Education’s reporting guidelines. A DUI could lead to disciplinary action, especially if it occurs on school property or involves a child in the vehicle. Some school districts have zero-tolerance policies, making it critical to build a strong defense.
Commercial Drivers and Transportation Workers
For clients with commercial driver’s licenses (CDLs), a DUI can be career-ending. Ohio has strict DUI laws for CDL holders, including lower BAC limits and harsher penalties. Even a first-time offense can result in a one-year disqualification, and a second offense often leads to a lifetime ban from commercial driving.
What To Do After a DUI Arrest
For licensed professionals facing a DUI charge, taking quick action can make a big difference in the outcome. Here’s what we recommend to clients:
Contact an attorney immediately: The sooner we get involved, the better we can protect both their criminal and professional records.
Avoid discussing the case: Saying the wrong thing to police, employers, or licensing boards can cause problems down the road. We advise clients on what to say and when.
Document everything: This includes records of the arrest, any medical conditions that may have affected sobriety test results, and witness statements that can help in court.
Follow court and licensing board deadlines: Missing a reporting deadline or court date can make matters worse. We track these deadlines and help clients stay compliant.
Consider proactive measures: Voluntarily completing an alcohol education course or counseling can show both the court and licensing board that the client is taking the matter seriously.
Frequently Asked Questions
Here are some typical questions clients ask us:
Will a DUI automatically result in losing my professional license?
Not necessarily. Each licensing board has its own process for handling DUIs. While some impose automatic penalties, many review cases individually. Factors like prior offenses, the severity of the case, and whether the DUI involved injuries or damage can influence the board's decision.
Do I have to report my DUI to my licensing board?
It depends on the board. Some require immediate disclosure, while others only require reporting after a conviction. Failing to report when required can result in additional penalties. Our DUI lawyers help clients determine their obligations and draft appropriate disclosures.
Can I still work while my DUI case is pending?
In many cases, yes. However, some employers may suspend employees while the case is unresolved. Professionals in fields like healthcare and education may also face temporary restrictions. We assist clients in addressing employment concerns and working within any imposed limitations.
How can I defend myself in a disciplinary hearing?
A strong defense in a licensing board hearing involves presenting mitigating factors, character references, and proof of rehabilitation efforts. We prepare clients to explain their actions, demonstrate responsibility, and demonstrate steps taken to prevent future incidents.
Is DUI expungement possible in Ohio?
Expungement rules vary, but some DUI offenses may be eligible under specific conditions. In Ohio, DUI convictions generally cannot be expunged, but some related offenses might qualify. Our DUI lawyers help clients explore available legal remedies.
Reach Out Today
A DUI charge brings legal and professional challenges, but a strong defense can help protect your record and career. At Staton & Fisher, LLP, our experienced DUI lawyers represent clients in court while also guiding them through the disciplinary process with their licensing boards. Located in Dayton, Ohio, we serve clients throughout Huber Heights, Ohio, and the surrounding areas of Montgomery County, Miami County, and Clark County. Call now to schedule a consultation.